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CC MINUTES 09102024
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CC MINUTES 09102024
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City Council Regular Meeting Minutes <br />September 10, 2024 <br />Page 8 <br />1 <br />The Planning Commission discussed this aspect of the code, and also recommended no <br />2 <br />additional limits on hours of operation. Since the zoning ordinance sites a retail facility in <br />3 <br />a standard commercial retail district, it is expected that standard commercial hours will be <br />4 <br />followed. The Council has the ability to update this issue if it is found that specific <br />5 <br />concerns arise related to hours of operation. <br />6 <br />7 <br />5. Odor. There is language in the statue that references an ability to regulate uses based on <br />8 <br />odor, however, it is not clear at all how this would be accomplished or enforced. The <br />9 <br />City's adopted prohibition of smoking in public places is intended to address the primary <br />10 <br />objection to odor, which is expected to be smoke. Whereas some industries can create <br />11 <br />odor emissions, there are PCA limitations on particulate matter and other emissions <br />12 <br />which could also apply. <br />13 <br />14 <br />Staff has researched odor regulations with state and nearby municipalities and have not <br />15 <br />found substantive regulations in this regard. While there appears to be some future <br />16 <br />research in this area Staff is not currently recommending any additional odor -related <br />17 <br />regulation due to difficulties with enforcement. The typical regulation would be nuisance <br />18 <br />violations if odor became a tangible issue. <br />19 <br />20 <br />6. Low Potency Hemp Products. The City is authorized to further limit the low -potency <br />21 <br />hemp sales currently allowed by law. St. Anthony has adopted a regulation that limits <br />22 <br />sales of edibles to those businesses that maintain a tobacco sales license. While the OCM <br />23 <br />will take over licensing of Hemp -infused products, the City will retain the ability to <br />24 <br />manage sales based on land use. <br />25 <br />26 <br />Staff has recommended that hemp -infused products may be sold only by those <br />27 <br />establishments that have tobacco sales licenses in the case of off -sale products (such as <br />28 <br />edible gummies or infused beverages); or by those establishments that have on -sale liquor <br />29 <br />licenses, in the case of on -site consumption — particularly for infused beverages. The law <br />30 <br />does not permit the mixing of Hemp/THC infusion with alcoholic beverages. <br />31 <br />32 <br />7_ Temporary Cannabis Events. The legislation created a requirement that Cities permit <br />33 <br />temporary "Cannabis Events". These events are limited to up to four days, and the City <br />34 <br />can limit the location of these events. The City can further limit these events to the <br />35 <br />display of products or other goods, or it may authorize retail sales. The draft ordinance <br />36 <br />language proposes that if retail sales are proposed, the event site must meet the buffer <br />37 <br />requirements that other retailers must meet. <br />38 <br />39 <br />The current draft is also written to prohibit consumption of cannabis products on the <br />40 <br />premises of the event. The City has the authority to authorize or prohibit consumption at <br />41 <br />events. Currently the City's ordinance prohibits smoking on public property. However, an <br />42 <br />event on private property could include consumption/smoking if left unaddressed. This <br />43 <br />aspect of the Temporary Event section should be reviewed. If in indoor places, the <br />44 <br />Minnesota Clean Indoor Air Act would continue to apply. <br />45 <br />
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